Category Archive Motor Accident Law Guides

Bydeb

Procedure for filing a Motor Accident Claim

MOTOR INSURANCE CLAIM:

A claim under a motor insurance policy could be for either of the two injuries:

  • DAMAGE TO OTHER, which includes injury or damage to property related to someone else. This person is called the “third party”;
  • DAMAGE TO SELF, which includes damage to a person’s own insured vehicle. This is called “own damage claim” and one is entitled to it if they are holding a package or a comprehensive policy.

THIRD PARTY CLAIM:

In a third party claim where a person’s vehicle is involved, it is imperative to report the accident immediately to the police authorities as well as the insurance company. However, for a third party who has suffered loss because of someone else’s vehicle, the injured party must obtain the insurance details of the vehicle and make an intimation to the insurer of that vehicle.
 

OWN DAMAGE CLAIM:

In the event of an own damage claim, which is where the person’s own vehicle is damaged due to an accident, the person must immediately inform theinsurance company and police, wherever required, to enable them to depute a surveyor to assess the loss.
 

THINGS TO DO/NOT DO:

  • Intimate the insurance company immediately.
  • The person should not attempt to move the vehicle from the spot of the accident without the permission of the police.
  • Repairs should be done only after permission is received.
  • In case of cashless service, the insurance company will pay the workshop directly.

THEFT CLAIM:

Insurance can be claimed against the loss of a stolen vehicle.

  • One must inform the police and the insurance company immediately in case the vehicle is stolen while in insurance.
  • Transport department should also be informed.
  • Policy Documents should be read as soon as received and not when the need arises. This helps in understanding the documents required and procedure to be followed in case a claim arises.
  • At the time of making a claim, all requisite documents should be submitted along with the duly filled insurance form.
  • There may be special requirements for every kind of claim. Care must be taken to follow the instructions properly. Eg. Surrendering the keys in case of a stolen car.

PROCEDURE FOR FILING AN APPLICATION FOR COMPENSATION IN MOTOR ACCIDENTS CLAIMS TRIBUNAL


WHO MAY APPLY:

An application for compensation arising out of an accident under Section 166 of Motor Vehicles Act, 1988 may be made:-

  • By the person who has sustained the injury, or
  • By the owner of the property, or
  • Where the death has resulted from the accident, by the legal representative/s of the deceased, or
  • By any agent duly authorized by the person injured.


When Legal Representatives of the Deceased are not joined in the application 

  • The application shall be made on behalf of or for the benefit of all the legal representatives of the deceased;
  • The legal representatives, who have not so joined, shall be impleaded as respondents to the application.


JURISDICTION:

Every application for compensation arising out of an accident involving death or bodily injury shall be made, at the option of the claimant:

  • Either to the Claims Tribunal having jurisdiction over the area in which the accident occurred, or
  • To the claims tribunal within the local limits of whose jurisdiction the defendant resides and shall be, in such form and contain such particulars as may be prescribed.
     

LIMITATION:

The application for compensation must be made within six months of the occurrence of the accident.  The Claims Tribunal may, however, entertain the application after the expiry of the said period of six months, but not later than twelve months, if it is satisfied that the application was prevented by sufficient cause from making the application in time.
 

SUPPLY OF INFORMATION:

Sec. 158 (6) introduced by the Act states that as soon as any information regarding any accident involving death or bodily injury to any person is recorded or report is completed by a police officer, the officer in charge of the police station shall forward a copy of the same within thirty days from the date of recording of information or as the case may be, and on completion of such report the Claims Tribunal having jurisdiction can provide copy thereof to the concerned insurer.

Where a copy is made available to the owner, the owner shall also within thirty days of receipt of such report, forward the same to the claims Tribunal and his insurer. 

Bydeb

Stopped by Traffic Police? Know your Rights!

It is a common phenomenon that is experienced by every other person at least once in their life- WHAT TO DO WHEN YOU ARE STOPPED BY A TRAFFIC POLICE?  It is the job of a police officer to ensure that law and order in a society is maintained. And they are equipped with means and sometimes coercive albeit indispensable powers to ensure the same. The same principle applies to traffic police. The primary duty of a traffic police is to ensure the smooth movement of traffic and deter any rule breaking. However, there are times when you are being pulled over by a police for no apparent reason. In that scenario, it is pertinent to know what your are rights and what you should do when faced with similar situation.
 

Why are you being pulled over?

A traffic officer can stop a vehicle at any time and for any reason on any articulable suspicion, whether there is apprehension over your driving, suspicion over a traffic infraction or any other crime.

Powers of a Traffic Officer 

  1. A traffic officer is empowered to demand your driving license and inspect other necessary vehicle documents such as a registration certificate, insurance certificate, valid PUC certificate and a fitness permit. It is pertinent to carry the original documents and produce them when demanded. Failure on your part might lead to fine or arrest and court proceedings.
  2. He/She may impound your driving license and other vehicle documents if deemed necessary. Such police officer shall give to the person surrendering the license a temporary acknowledgement receipt. Such receipt shall authorise the holder to drive until the license has been returned or until such date specified in the acknowledgement receipt.
  3. A traffic officer is an absolute authority on a road. If he/ she gives you instructions, it is your duty to obey them, regardless of the electronic traffic signals.
  4. A police officer is empowered to seize and detain your vehicle if you are driving without your license, permits, and certificates or if your vehicle is not registered.
  5. A police officer in a uniform may arrest you without a warrant if you are found in his/her presence committing an offence such as driving dangerously or under influence of alcohol or using a vehicle without authority.

What to do when you are pulled over? 

  1. You must stop your car when signalled by a traffic police and produce the documents required by the officer; otherwise, you are breaking the law if you don’t.
  2. You may ask him the reason for stopping you; however, you should not get into an argument. If you feel there is a genuine reason behind breaking the rule, explain it to the officer.
  3. If you have committed any mistake, explain it to the officer candidly and seek his pardon. He may let you off with a warning if approached with courtesy.
  4. Do not drop names of policemen or influential people.
  5. If the police officer confiscates your driving license, you may compound the offence by paying a fine to the police officer under whose jurisdiction your license was confiscated otherwise you will be provided a notice from the court. In case you fail to appear before the court, an arrest warrant may be issued.
  6. If the police officer is an officer of a rank sub-inspector or above, you may compound the offence on the spot by paying a fine.

What to do when harassed by a Traffic Officer? 

  1. Never succumb to the illegal demands of a police officer
  2. Allow him to impound your license; do not attempt to bribe the traffic officer.
  3. Note down his buckle number/name, which shall be mentioned on the plate of his shirt. If he does not have one, you may demand his identity card. If he fails to provide his identity card, don’t give him your documents.
  4. You can approach the traffic police with a specific complaint indicating all the particulars about the incident; this must include details about the concerned police officer. It is desirable to send this complaint by registered post.


Read the complete Central Motor Vehicle Rules by Law House to stay updated about your motor vehicle rights.

Bydeb

Kolkata Traffic Fines and Challan Payment

The process of Challan payment in Kolkata is fairly easy and it can be done online!

Below we have provided the details and procedure of Kolkata Traffic E Challan payment mechanism and how to check the status of your Challan.

Details required for checking the Traffic E-Challan Status online:

1. Vehicle Number



2. Chassis / VIN Number – Last 5 Characters (written at different places for different vehicles)

3. Email and Mobile Number

Procedure for checking Kolkata traffic case details and paying E-Challan (Fine) online:

1. Go to kolkatatrafficpolice.net website and search your Challan online.

2. Enter your vehicle number, your Chassis number, email id, Mobile Number.

3. Click on “Get OTP” to receive an OTP on the mobile number provided by you

4. Enter this OTP and click on “Confirm” to get the details of your case

5. You can then make an online payment by selecting a single case or multiple payment.

6. Once the payment is made, you will get an SMS and email upon the number and email id provided by you, confirming the same.

7. To dispose the pending court cases, one should visit the police office of the concerned Ld. Court

Procedure to get the payment receipt of the traffic fine paid online:

1. Click on ‘Make Online Payment” and go to the ‘Reprint Challan” option

2. Enter the vehicle number and the last 5 characters of the Chassis number

3. Click on ‘Get Challan’ to print your receipt of the challan payment

Kolkata Traffic Fines

It is pertinent to know and understand the different fines / challans that persist in a city / state. Not only this, one should also know how to avoid such fines by taking requisite precautions, and in case fined, how to pay the same.


 

Given below is the complete list of fines and Challans imposed by the Kolkata traffic police on traffic violation:


1. Driving vehicle without D/L:

Punishable U/S 181.

Fine for 1st offence – Rs. 500/-

2nd offence – Rs. 500/-,

3rd offence – Rs. 500/-,

Any Subsequent offence – Rs. 500/-

2. Age limit to drive motor vehicles:

At the prescribed age (16 years M/C-50CC, other than transport vehicle-18 years, transport vehicles-20 years) –

Punishable U/S 181.

Fine for 1st offence – Rs. 500/-,

2nd offence – Rs. 500/-,

3rd offence – Rs. 500/-,

Subsequent offence – Rs. 500/-.

3. Owner allowing others to drive the vehicle without proper Driving Licence –

Punishable U/S 180.

Fine for 1st offence – Rs. 1000/-,

2nd offence – Rs. 1000/-,

3rd offence – Rs. 1000/-,

Subsequent offence – Rs. 1000/-.

4Disqualified a Person from holding or obtaining a Driving Licence 

Punishable U/S 182(1).

Fine for 1st offence – Rs. 500/-,

2nd offence – Rs. 500/-,

3rd offence – Rs. 500/-,

Subsequent offence – Rs. 500/-

5. Driving Vehicles without Registration or in contravention of the condition of Blue Book 

Punishable U/S 192.

Fine for 1st offence – Rs. 5000/- ,

2nd offence – Rs. 10000/-

3rd offence – Rs. 10000/-

Subsequent offence – Rs. 10000/-

6. Driving Vehicles without Certificate of Fitness or invalid C.F. –

Punishable U/S 192.

Fine for 1st offence – Rs.5000/-,

2nd offence – Rs. 10000/-,

3rd offence – Rs. 10000/-,

Subsequent offence – Rs 10000/-.

7. Driving Vehicles without permit or in contravention of the condition of permit 

Punishable U/S 192(A).

Fine for 1st offence – Not compoundable,

2nd offence – –,

3rd offence – –,

Subsequent offence – Issue Seizure List.

8. Allowing any person to stand or sit or to place anything in such a manner or position as to hamper the driver in his control of the vehicle –

Punishable U/S 177.

Fine for 1st offence – Rs. 100/- ,

2nd offence – Rs. 300/- ,

3rd offence – Rs. 300/-,

Subsequent offence – Rs. 300/-

9. Driving vehicle at excessive speed –

Punishable U/S 183(1).

Fine for 1st offence – Rs.400/- ,

2nd offence – Rs. 1000/-,

3rd offence- Rs. 1000/-,

Subsequent offence – Rs. 1000/-

10. Owner causing to drive in contravention of speed limit –

Punishable U/S 183(2).

Fine for 1st offence – Rs.300/-,

2nd offence – Rs. 500/-,

3rd offence – Rs. 500/-,

Subsequent offence – Rs. 500/-

11. Driving vehicle exceeding permissible limit of laden weight –

Punishable U/S 194(1).

Fine for 1st offence –  Rs. 2000/-,

2nd offence – Rs. 5000/-,

3rd offence – Rs. 5000/-,

Subsequent offence – Rs. 5000/-

12. Driving vehicles in violation of restriction (No Entry Violation) –

Punishable U/S 194(1).

Fine for 1st offence – Rs. 2000/-,

2nd offence – Rs. 5000/-,

3rd offence – Rs. 5000/-,

Subsequent offence – Rs. 5000/-

13. Driving vehicles in violation of Mandatory Traffic Signs –

Punishable U/S 177.

Fine for 1st offence – Rs. 100/- ,

2nd offence – Rs. 300/-,

3rd offence – Rs. 300/-,

Subsequent offence – Rs. 300/-

14. Leaving vehicle in such a position so as to cause or likely to cause danger, obstruction or the tender in convenience to any road user –

Punishable U/S 177.

Fine for 1st offence – Rs. 100/- ,

2nd offence – Rs. 300/- ,

3rd offence – Rs. 300/- ,

Subsequent offence – Rs. 300/-

15. Allowing the vehicle to remain stationary at Public Place –

Punishable U/S 177.

Fine for 1st offence – Rs. 100/- ,

2nd offence Rs. 300/-

3rd offence – Rs. 300/- ,

Subsequent offence – Rs. 300/-

16. Non-Production of Driving License on demand by a Police Officer in uniform –

Punishable U/S 177.

Fine for 1st offence – Rs. 100/- ,

2nd offence – Rs. 300/- ,

3rd offence – Rs. 300/-,

Subsequent offence – Rs. 300/-

17. Failure to take certain precautions at unguarded level crossings –

Punishable U/S 177.

Fine for 1st offence – Rs. 100 ,

2nd offence – Rs. 300/- ,

3rd offence – Rs. 300/- ,

Subsequent offence – Rs. 300/-

18. Failure to stop the vehicle when asked by a Police Officer in uniform when the vehicle is involved in an accident –

Punishable U/S 187.

Fine for 1st offence – Rs. 500/-,

2nd offence – -,

3rd offence – -,

Subsequent offence – Rs. 1000/-

19. Medical Aid to victim –

Punishable U/S 187.

Fine for 1st offence – Rs. 500/-,

2nd offence – -,

3rd offence – -,

Subsequent offence – Rs. 1000/-

20. Driver to give information about Road Accident –

Punishable U/S 187.

Fine for 1st offence – Rs. 500/-,

2nd offence – -,

3rd offence – -,

Subsequent offence – Rs. 1000/-

21. Driver to give information to the insurer about Accident –

Punishable U/S 187.

Fine for 1st offence – Rs. 500/-,

2nd offence – -,

3rd offence – -,

Subsequent offence – Rs. 1000/-

22. Not insuring the vehicle against 3rd Party / or for driving uninsured vehicle –

Punishable U/S 196.

Fine for 1st offence – Rs. 400/-,

2nd offence – Rs. 1000/-,

3rd offence – Rs. 1000/-,

Subsequent offence – Rs. 1000/-

23. Non-Production of Registration Certificates, Insurance Certificates, Permit etc. by the Driver of trampest vehicle (In case of other vehicles 15 days time for production should be given as per Provision of Central Motor Vehicle Rules-139 –

Punishable U/S 177.

Fine for 1st offence – 100/-,

2nd offence – 300/-,

3rd offence – 300/-,

Subsequent offence – 300/-

24. Non-Production of Insurance Certificate (7 days time should be given for such documents- Punishable U/S 177.

Fine for 1st offence – Rs.100/-,

2nd offence – Rs. 300/-,

3rd offence – Rs. 300/-,

Subsequent offence – Rs. 300

25. Disobedience of order and obstructions –

Punishable U/S —

Fine for 1st offence – Rs. 500/-,

2nd offence – Rs. 500/-,

3rd offence – Rs. 500/-,

Subsequent offence – Rs. 500/-,

26. Withholding information or giving false information –

Punishable U/S —

Fine for 1st offence – Rs. 500/-,

2nd offence – Rs. 500/-,

3rd offence – Rs. 500/-,

Subsequent offence – Rs. 500/-,

27. No. of person allowed to be carried in goods vehicles:

(i) Light goods vehicles gross weight less than 1000 Kg – One Person

(ii) Other light goods vehicles – three persons

(iii) Goods vehicles other light goods vehicles – Seven Persons-

Punishable U/S 177 MVA.

Fine for 1st offence – Rs. 100/-,

2nd offence – Rs.300/-,

3rd offence – Rs. 300/-,

Subsequent offence – Rs. 300/-

28. Carriage of animals other than the trampest vehicle so specified. –

Punishable U/S 177 MVA.

Fine for 1st offence – Rs. 100/-,

2nd offence – Rs. 300/-,

3rd offence – Rs/ 300/-,

Subsequent offence – Rs. 300/-

29. Driving vehicles dangerously 

Punishable U/S 184.

Fine for 1st offence – Rs. 1000/-,

2nd offence – Rs. 2000/-

3rd offence – Rs. 2000/-

Subsequent offence – Rs. 2000/-

30. Driving vehicle by a drunken person or by a person under influence of drugs –

Punishable U/S 185.

Fine for 1st offence – Rs. 2000/-,

2nd offence — ,

3rd offence — ,

Subsequent offence – Rs. 3000/-

31. Driving when mentally or physically unfit to drive. –

Punishable U/S 186.

Fine for 1st offence – Rs. 200/-,

2nd offence – Rs. 500/-,

3rd offence – Rs. 500/-,

Subsequent offence – Rs. 500/-

32. Taking part in race or trial of speed of any kind between Motor vehicles at any Public Place

Punishable U/S 189.

Fine for 1st offence – Rs. 500/-,

2nd offence – Rs. 500/-,

3rd offence – Rs. 500/-,

Subsequent offence – Rs. 500/-

33. Using vehicle in unsafe condition –

Punishable U/S 190(I).

Fine for 1st offence – Rs. 250/- (In case causes any injury to damage to property – Rs. 1000/-),

2nd offence – -,

3rd offence – -,

Subsequent offence —

34. Violation of Standards Prescribed for Road Safety, control of Noise & Air Pollution –

Punishable U/S 190(2).

Fine for 1st offence – Rs. 1000/-,

2nd offence – Rs. 2000/-,

3rd offence – Rs. 2000/-,

Subsequent offence – Rs. 2000/-

35. Carriage of Goods which are dangerous or hazardous to human life in violation of prescribed conditions

Punishable U/S 190(3).

Fine for 1st offence – Rs. 3000/-,

2nd offence – -,

3rd offence – -,

Subsequent offence – Rs. 5000/-

36. Sale of vehicles in or alternation of vehicle to condition contravening this Act –

Punishable U/S 191.

Fine for 1st offence – Rs. 500/-,

2nd offence – Rs. 500/-,

3rd offence – Rs. 500/-,

Subsequent offence – Rs. 500/-

37. Taking & driving vehicle without consent of owner or lawful authority 

Punishable U/S 197(I).

Fine for 1st offence – Rs. 500/-,

2nd offence – Rs. 500/-,

3rd offence – Ra. 500/-,

Subsequent offence – Rs. 500/-

38. Exercising Control of a vehicle unlawfully by force or threat of force or by any other form of intimidation –

Punishable U/S 197(2).

Fine for 1st offence – Rs. 500/-, 2

nd offence – Rs. 500/-,

3rd offence – Rs. 500/-,

Subsequent offence – Rs. 500/-

39. Attempt and abetment of Section 197(I) & 197(2) 

Punishable U/S 197(I)/197(2).

Fine for 1st offence – Rs. 500/-,

2nd offence – Rs. 500/-,

3rd offence – Rs. 500/-,

Subsequent offence – Rs. 500/-

40. Unauthorized interference with vehicle –

Punishable U/S 198.

Fine for 1st offence – Rs. 50/-,

2nd offence – Rs. 100/-,

3rd offence – Rs. 100/-,

Subsequent offence – Rs. 100/-

41. Penalty for causing obstructions to traffic by keeping disabled vehicle (Wheel Camp Case) – Punishable U/S 201(I).

Fine for 1st offence – Rs.50/- per hour.

2nd offence – -,

3rd offence – -,

Subsequent offence – -.

42. Power of Police Officer to detain vehicle without Certificate of Registration, Permit etc. – Punishable U/S 39/192/66/192(A).

Fine for 1st offence – Rs. 5000/-,

2nd offence – Rs. 10000/-,

3rd offence – Rs. 10000/-,

Subsequent offence – Rs. 10000/-

43. Power of arrest by Police Officer without warrant –

Punishable U/S 184,185 & 197 MVA

Fine for 1st offence —

2nd offence —

3rd offence —

Subsequent offence —

44. Driving on Foot Path

Punishable U/S 177

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

45. Prohibition in Playing of radios etc. in a motor vehicle-

Punishable U/S 177

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

46. Use of Ear Phone / Mobile Phone while driving-

Punishable U/S 184 MVA

Fine for 1st offence – Rs. 1000/-,

2nd offence – Rs. 2000/-,

3rd offence – Rs. 2000/-,

Subsequent offence – Rs. 2000/-

47. For display video set, Audio Device in Tourist bus, Luxury Coach etc RTA’s Permit is necessary and there should be permitted in between the driver Cabin & passenger’s compartment for that –

Punishable U/S 177

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

48. Using Motor Vehicles with defective Number Plates –

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

49. Regn. Mark shall be in English letters and Arabic numerals

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

50. Non Exhibition of Registration Marks at rear number plate (Trailer)

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

51. Driving Motor Vehicle with defective Tyres

Punishable U/S 190(1) MVA

Fine for 1st offence Rs. 250/-

2nd offence —

3rd offence —

Subsequent offence Rs. 1000/-

52. The glass of the wind-screen and rear window of motor vehicle shall allow visual transmission of light not less then 70% and glasses of side window shall be such that the visual transmission of light is not less than 50% –

Punishable U/S 192 MVA

Fine for 1st offence – Rs. 5000/-,

2nd offence – Rs. 10000/-,

3rd offence – Rs. 10000/-,

Subsequent offence – Rs. 10000/-

53. Vehicle not fitted with wiper or wiper not maintained in good working condition.

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

54. Vehicle not fitted with horn

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-


55. Vehicle fitted multi-tuned or other harsh shrill sounding horns

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

56. Refusing to go on hire

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

57. Failure to proceed to the destination by shortest or quickest route

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

58. Vehicle not fitted with seat belt

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

59. Not wearing seat belt

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

60. Vehicle not fitted with rear view mirror

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

61. Not wearing uniform

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

62. Driving two wheeler without standard helmet

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

63. Violation on the restriction of using dazzling light

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

64. Stop Line Violation

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

65. Centre Line Violation

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

66. Violation of safety measures for drivers and pillion riders (Triple Riding)

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

67. Not wearing of protective headgear (Without helmet)

Punishable U/S 177 MVA

Fine for 1st offence Rs. 100/-

2nd offence Rs. 300/-

3rd offence Rs. 300/-

Subsequent offence Rs. 300/-

Guidelines

Below are the basic guidelines (traffic rules and violations) that are to be followed by every individual in Kolkata:

1. Stop your car before the “Stop Line”

2. Do not talk on the phone while driving

3. Always wear a helmet while riding a bike and use the right one

4. Fasten your helmets, if not fastened, it isn’t protecting

5. While walking on the road, say no to jay walking

6. While walking on the road, do not jump guard rail

7. Follow the traffic signal while walking on the road

8. Always cross the road through the zebra crossing

9. A pedestrian should always walk on the footpath

10. Wear a seatbelt while driving or sitting in the front-seat

11. Do not drink and drive

12. Park your car at the Parking Zone

13. Obey traffic signals

14. While driving, the driver should carry the driving license, registration certificate, taxation certificate, insurance certificate, PUC certificate and fitness certificate & permit.

Guidelines for Registration Marks (Number Plates):

Guidelines for the form and manner of display of registration marks on the motor vehicles have also been stated extensively. These are:

1. The plate should be a solid piece, made of 1.9 mm aluminum, complying with DIN 1745 / 1783 or ISO 7591.

2. The border edges and corners of the plate should be rounded to avoid injuries. The plates must also have an embossed border.

3. The plate is to be suitable for hot stamping and the reflective sheet should be guaranteed for imperishable nature for a min of 5 years.

4. The letters “IND” are to be on the extreme left centre of the plate, in blue color.

5. Chromium – based hologram shall be applied by hot stamping, on each plate, in order to protect it against counterfeiting.

6. Permanent consecutive identification number of minimum seven digits should be laser branded into the reflective sheeting of the plate. The hot stamping film should have the verification inscription.

7. For two and three wheelers, the plate should be 200 x 100 mm. For light motor vehicles or passenger cars, 340 x 200 mm / 500 x 120 mm. For medium commercial vehicles, heavy commercial vehicles and trailer / combination, 340 x 200 mm.

8. For motorcycles, the registration marks in the front are to be placed parallelly to the handle bar or on any part of the vehicle.

9. The registration mark displayed should be in English and the figures should be in Arabic numerals and the letters and figures should be embossed and hot stamped in black color on white background in all cases, except for the transport vehicles, which would be black color on yellow background.

This article is a complete guide and has discussed the several offences that ensue fines, the details and procedure of the E-challan payment mechanism in Kolkata, and the steps involved in checking the status of one’s challan. It also lays down the guidelines that are to be followed in Kolkata.

Bydeb

Everything related to Traffic Laws in India

India has the second largest road networks in the world and at the same time, it accounts for 10% of worldwide road fatalities. Considering this, road safety responsibility becomes highly essential for everyone.


Moreover, traffic in India at its worst is chaotic, which is perhaps an understatement to describe the traffic in India. Traffic clogging is one of the common problems faced by nearly all the citizens of India. The principal reason behind this is the incapability of the existing roadways to handle the increasing number of motor vehicles on roads. Something needs to be done swiftly about the traffic nuisance considering the inconvenience and harassment faced by the common man. Thousands of commuters feel distressed due to this menace everyday almost everywhere in India.

Metro cities like Delhi, Mumbai, Kolkata, Chennai, Ahmedabad, etc. deal with the menace of traffic every day. The reason behind the menace is the increasing number of cars on the roads, extremely poor road management, poor quality roads, nuisance created due to the VIP movement and etc.

In addition to this, over 1,37,000 people were killed in road accidents in 2013 alone, that is more than the number of people killed in all our wars put together. One serious road accident in the country occurs every minute and 16 die on Indian roads every hour and Two wheelers alone account for 25% of total road crash deaths in India.
Motor Accident Claim in case of an accident

Pertaining to the inconvenience faced by citizens due to the VIP movement a recent judgment by the Madras High Court clearly declared that traffic won’t be asked to stop for more than 10 minutes and that the traffic should only be stopped for a longer duration in cases where dignitaries of the level of the Prime Minister or the President are traveling. This relaxation has been granted since these dignitaries don’t travel frequently and whenever they do, the public is notified prior to the movement.

Apart from this, there have been so many instances where ambulances have suffered and patients have been left hanging due to traffic blockage due to VIP movement. The Police have been issuing memos against such traffic blocking, however, issuing a memo is commendable but the implementation is the key to proving whether this memo plays to the gallery or is a good policy change. Policemen on the ground should be given the confidence to stop a VIP for an ambulance.

Apart from this, restricted space and lack of proper infrastructure add on to the menace. Planning plays a significant role in building any infrastructure. Since, there hasn’t been proper planning and even worse execution, the cities are forced to work with the routes they already have. This is, therefore, the key reason for traffic blockage in India.

However, some basic traffic rules if followed sincerely can curb down the traffic menace a little. For instance-

  • Drivers must drive vehicles on the left side of the road
  • Drivers must use the specified hand signals or vehicle indicators to indicate slowing down, stopping, turning and even while overtaking
  • Drivers must follow lane discipline. For instance, while turning to the left, the vehicle must be on the extreme left corner of the lane of the road and vice versa
  • Drivers must only overtake another vehicle from the right side of that vehicle
  • Drivers must allow free passage to fire service vehicles and ambulances

 Certain traffic norms that every commuter must know and abide by

What to do when you are pulled over? 

  1. You must carefully stop your car when signaled by a traffic police official and produce the documents required by the official; otherwise resulting in breaking of law if you don’t.
  2. However, you are entitled to ask him the reason for stopping you. Although you need not get into an argument if you feel there is a genuine reason for breaking the rule, explain it to the official.
  3. Moreover, if you have committed any mistake, explain it to the officer candidly and seek his mercy. He might even let you off with a warning if approached with courtesy and politeness.
  4. If the police official confiscates your driving license, you may compound the offence by paying a fine to the police officer under whose jurisdiction your license was confiscated otherwise you will be provided a notice from the court. In case you fail to appear before the court, a bailable arrest warrant may be issued.
  5. If the police official is an officer of a rank sub-inspector or above, you may even compound the offence on the spot by paying a fine.

Know your right’s when pulled over

Powers of a Traffic Official 

  1. A traffic official has been empowered to demand your driver’s license and inspect other essential vehicle documents such as the registration certificate, insurance certificate, authentic PUC certificate and a fitness permit. It is pertinent to carry the original documents and produce them when demanded since the failure of the same on your part might even lead to fine or arrest and court proceedings.
  2. The official may impound your driver’s license and other vehicle documents if deemed necessary. The police official shall give to the person surrendering the license a temporary acknowledgment receipt. Such receipt shall authorize the holder to drive until the license has been returned or until such date specified in the acknowledgment receipt.
  3. A traffic official is an absolute authority on a road. If he/ she gives you instructions, it is your duty to follow them, regardless of the electronic traffic signals.
  4. A police official is also empowered to seize and detain your vehicle if you are driving without your license, proper permits, and certificates or if your vehicle is not registered.
  5. A police official in a uniform may arrest you without a warrant if you are found in his/ her presence committing an offence such as driving dangerously or under influence or using the vehicle without proper authority.

What to do when harassed by a Traffic Official? 

  1. You must never succumb to the illegal demands of a police official.
  2. You must allow the official to impound your license; must not attempt to bribe the traffic official.
  3. You must note down his name, which shall be mentioned on the plate of his shirt. If he does not have one, you may demand his identity card. If he fails to provide his identity card, don’t give him your documents.
  4. You can approach the traffic police with a specific complaint indicating all the particulars about the incident; this must include details about the concerned police official. It is desirable to send this complaint by a registered post.


New fine amount imposed by the government

Violation AmountNew Fine AmountPrevious Fine
Overloading Two-wheelersRs. 2000 License scrap for 3 monthsRs. 100
Drunken DrivingRs. 10,000Rs. 2000
Over SpeedingRs. 1000 for LMV, Rs. 2000 for MMVRs. 400
Dangerous DrivingRs. 5,000Rs. 1000
Driving Without InsuranceRs. 2,000Rs. 100
Signal JumpingRs. 1000 License scrap for 3 monthsRs. 100
Riding Without HelmetRs. 1000 License scrap for 3 monthsRs. 100
Driving Without PermitUp to Rs. 10000Up to Rs. 5000